The trial court issued an order quashing substituted service in Colorado on the sister of a defendant residing in Mexico. After previously granting substituted service under C.R.C.P. 4(f), the trial court determined that C.R.C.P. 4(d) requires that service on a defendant located in a foreign country be made according to international agreement. Because Mexico and the United States are parties to the Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters, the trial court concluded that plaintiff must serve defendant Rodriguez-Cera via the Hague Service Convention.

The Supreme Court held that C.R.C.P. 4(d) does not establish service according to international agreement as the exclusive means of serving a defendant located in a foreign country. The Court further held that C.R.C.P. 4(d) does not require that service on a defendant located in a foreign country actually occur abroad and does not prohibit a plaintiff from serving a defendant within the United States if otherwise authorized. The Court held that substituted service in accordance with C.R.C.P. 4(f) provides a valid alternative to service abroad. Although the Hague Service Convention is implicated whenever state law requires the transmittal of documents abroad to effectuate service, the Court concluded that the transmittal of documents abroad is not necessary to effectuate service under C.R.C.P. 4(f); therefore, the Hague Service Convention was not implicated.

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Featured CLE Program: March 15, 2018

Featured Book: Foreclosure Law in Colorado

Foreclosure Law in Colorado, First Edition, explains the intricacies of Colorado’s foreclosure process in an easy-to-use format. In addition to explanations of the various types of foreclosures and considerations in effecting foreclosures, Foreclosure Law in Colorado contains many helpful forms, including a Notice of Intent to Cure, Notice of Intent to Redeem, Lis Pendens, Order Authorizing Sale, and more. The book is designed to assist practitioners through the foreclosure process, regardless of their experience level with foreclosures.

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On Wednesday, March 14, 2018, the Colorado State Judicial Branch announced the governor’s appointment of Cynthia J. Jones to the Clear Creek County Court in the Fifth Judicial District. Jones will fill a vacancy created by the appointment of Hon. Rachel Olguin-Fresquez to the Eagle County Court, effective February 1, 2018.